Sexually Transmitted Disease (STD) Disclosure3 min read

In November 2015, Charlie Sheen, once the highest paid television actor in Hollywood, admitted on The Today Show with Matt Lauer that he is living with HIV. After Magic Johnson, Charlie is the second high-profile celebrity to come forward with an HIV diagnosis since the disease’s emergence as a major epidemic in the 1980s. Charlie’s confession throws into light questions about the moral and legal obligations one has to disclose their sexual health status to a current or potential partner.

Sexually transmitted diseases (STDs) can be considerably uncomfortable, costly to treat, and can increase the risk of developing cancer or infertility. While many of these infections are curable, they can elevate the chances of acquiring non-curable STDs, like HIV/AIDS, HPV and genital herpes.

Some STDs you can contract include:

Syphilis

Chlamydia

Gonorrhea

Human papilloma virus (HPV)

Hepatitis B

Genital herpes

Chancroid

Lymphopatria venereum

Granuloma ingunale

Human immunodeficiency virus (HIV)

STDs and the Law

In the state of California, a person who has a STD and knows about it, or should have known about it, has a duty to disclose it to his or her partner before they have sex. After the disclosure, the infected person must have consent to proceed with the sexual act.

The California code concerning STD regulations is extensive. It covers just about every legal area, from family law to education. The Health and Safety Code 120600 specifically states, “Any person who refuses to provide information, or who knowingly exposes a sex partner with an STD is guilty of a misdemeanor.”

In the eyes of the law, endangering another person by not disclosing an STD can be constituted as:

Negligence or intentional infliction of emotional stress

Battery when disease is knowingly transmitted

Fraud when the defendant tried to hide their STD status

Essentially, if another person has exposed you to an STD, you have legal rights to sue that person under civil law. If that individual is found liable of spreading an STD, that person can be forced to pay damages to the victim. These damages may include the cost of medical treatment, as well as emotional pain and suffering.

If an incurable STD is not disclosed to a sexual partner, the offender may face criminal charges. Although they are separate proceedings, a criminal conviction can strengthen a civil case.

Disclosing Another Person’s Health Status

The Charlie Sheen story also touches upon another aspect of privacy and disclosing health status. Charlie claims that he was being extorted – or blackmailed – by people who knew he was HIV positive. This is illegal. Disclosing someone else’s sexual health status can be considered an invasion of privacy and public disclosure of private facts.

It is important to note that certain types of disclosure are required by the law. For example, health care providers are required to inform an infected person’s current and past partners of their possible exposure to an STD. What is unlawful is trying to publicly humiliate someone who is infected with a disease, or of course, trying to get money out of them by threatening to reveal their illness.

Just like exposing someone to an STD, disclosing someone’s STD status can carry criminal charges, and the victim can sue for damages.

Contact Us

Any time we engage in sexual activity with a new partner, we take a risk. Under favorable circumstances, we agree to that risk based on feelings of passion, honesty and trust. When that trust is violated by something as devastating as contracting an STD from a dishonest partner, you absolutely have the right to defend your quality of life by pursuing legal action.

On the other hand, people who courageously admit to their partners they are STD carriers don’t deserve to be publically embarrassed or harassed because of it.

If you have been victimized by a partner who did not disclose their STD status, or if someone is threatening to reveal your private illness, it is good idea to contact an experienced attorney to counsel you through these difficult circumstances.

5 Comments

Jennifer on June 7, 2017 at 6:05 pm

In 2014 I was dating a man who thought he might have gential herpes. He said he went and got tested, and didn’t share any information with me, nor did he tell me I should get tested. He said he never got a call back, which he said means he didn’t have anything. We broke up a few months later. After, I started having symptoms and tested positive for HSV-2 in December 2014. He still won’t share his medical records, and I’m not sure what to do. He is the only person that has ever hinted at it, and I have a clean bill of health from before I dated him. I just want to know if I have a way of ordering his records so I know it was him, and he knowingly passed this to me without letting me choose. Thanks.

I just want to say that many will not tell you they have a STD .I were involved with a female and had no idea she had herpes and a possibility of HIV until after we had been sexual almost 6mos.I noticed she were taking medication and I decided to check out the medicine she were taking it were a medication that treated herpes and HIV.When I confronted her about it ,she told me she had nothing.I think many do not understand that with herpes you do not have to have a break out to infect your partner.Hiv is spread through blood , semen and saliva.With herpes it can be skin to skin ; in her case she feel like the medicine is or have meet her safe but she fail to understand she still have the virus in her system and can affect everyone she’s having sex with.I have been tested over and over and so far by the grace of God,I am not infected .I will continue testing for any and all STD.I will not lie ,I am very afraid that five year down the line my results may test positive but I keep my faith knowing God,will protect me no matter what .People need to educated on any and all STDs because its ruining families lives and individual lives when you are not aware that the person you choose to sex may be infected.We all must be careful .

If a man and a woman have consensual sex the first date and the man knows he has genitalia herpes but has always avoided sex if he’s having an outbreak… shouldn’t a woman be accountable for not protecting herself having sex with a stranger and not inquiring if the man has any STDs?

Free, Private Legal Help

Get a free consultation

Jessica Pride

Jessica Pride is a sexual assault attorney who has been helping survivors reclaim their power and heal from the tragedy of sexual assault for over 10 years. Speak with Jessica in a free, private consultation today.

News, Helpful Tips & Events

Powerful people often have powerful friends. The sad reality is that these connections are often used to conceal egregious crimes. When US Attorney Alexander Acosta helped Jeffrey Epstein avoid any real prison time after he was accused of masterminding a child sex...